Evolution Of American Labor Dispute Resolution System And Its Inspiration To China

China's socialist market economic system is established, increasing labor disputes and conflicts to intensify, but China's labor law system in dealing with labor disputes in the current market environment of economic prosperity and development of the dispute under the settlement of labor disputes has become increasingly powerless. May 1, 2008 onwards, "The People's Republic of China on Mediation and Arbitration of Labor Disputes Law" into effect, the Ministry before the law and relevant laws and has been compared to a large degree of perfection and improvement, but in real life complicated for the labor problems, especially the current global financial crisis spread to China, a large number of new type of labor dispute cases, in dealing with the system there are still many worthy of our thought-provoking questions, while abroad in this regard has already accumulated a great deal of experience and form a relatively complete system of systems in these countries to absorb the advanced concepts and mature experience, you can for our next stage of the labor dispute processing system reform and improvement to provide a good reference. In The People's Republic of China Ministry of Human Resources and Social Security organized by the relevant scholars and practitioners for the labor dispute arbitration law adopted after the implementation of two aspects of theory and practice of foreign labor dispute handling mechanisms were compared in simple terms, and also field trips foreign-related institutions, but for our country in the new international economic environment, particularly in dealing with the grass-roots labor practice dispute the huge problem with how to resolve the issue, the relevant scholars have yet to be in-depth research.The emergence of the U.S. labor disputes has been 200 years of history, but really set up a sound system in dealing with labor disputes is a matter of last century. The U.S. current labor dispute handling institutions by official and civil society composed of two parts, both independent of each other, each in an orderly manner, build up a perfect platform for relief of labor disputes. It is for their own employees to resolve disputes, fight for the rights of great achievements at the same time, but also for the rest of the world, especially as the same started late in China, labor dispute handling mechanism is also constantly exploring the state provides a good experience.The author from the current U.S. system in dealing with the history of labor disputes rheological start, respectively, arbitration, mediation, trials and other ways to deal with labor disputes, systematic research, combined with China's current labor dispute resolution practice new problems, new situations, taking into account labor dispute Conciliation and Arbitration Act has not yet resolved the old issues of these cases from the system itself, the level of analysis, sum up the current system, highlight the shortcomings, and then to compare the United States corresponds to the advanced experience of the use of inductive methods of Comparative Law, investigation and drawn for the benefit China's current reform proposals seek to sort out in detail the legal history of U.S. labor disputes rheology the same time, to explore the essence of its deep level, drawing on the American system, in comparing the differences between the two countries based on the reform of China's labor dispute mediation program to integrate existing resources to promote the settlement of labor disputes, for the building of China's rule of law to learn from.